residing or found in the Indian Territory, and when the value of the thing in controversy, or damages or money claimed shall amount to one hundred dollars or more: Provided, That nothing herein contained shall be so construed as to give the court jurisdiction over controversies between persons of Indian blood only: -none in suits be- Coal-mining leases And provided further, That all laws having the effect to prevent and contracts by Inthe Cherokee, Choctaw, Creek, Chickasaw and Seminole Nations, or dians no longer proeither of them, from lawfully entering into leases or contracts for mining coal for a period not exceeding ten years, are hereby repealed; And said court shall have jurisdiction over all controversies arising jurisdiction of court out of said mining leases or contracts and of all questions of mining rights or invasions thereof where the amount involved exceeds the sum of one hundred dollars. That the provisions of chapter eighteen, title thirteen, of the Revised Statutes of the United States shall govern such court, so far as applicable: Provided, That the practice, pleadings, and forms of proceeding in civil causes shall conform, as near as may be, to the practice, pleadings, and forms of proceeding existing at the time in like causes in the courts of record of the State of Arkansas, any rule of court to the contrary notwithstanding; and the plaintiff shall be entitled to like remedies by attachment or other process against the property of the defendant, and for like causes, as now provided by the laws of said State. The final judgment or decree of the court hereby established, in cases where the value of the matter in dispute, exclusive of costs, to be ascertained by the oath of either party or of other competent witnesses, exceeds one thousand dollars may be reviewed and reversed or affirmed in the Supreme Court of the United States upon writ of error or appeal, in the same manner and under the same regulations as the final judgments and decrees of a circuit court. as to. Laws of United States as to procedure to conform to that of s. 1890, May 2, c. 182, 69 Fed. Rep., 68. Supreme Court may review cases over $1,000. 42, s. R. S., 691, 692, 699. 1890, May 2, c. 182, s. post, p. 54. 1891, Mar. 3, c. 517, post, p. 61. 1895, Mar. 1. c. 145, 13. s. 11, post, p. 75. Terms of court. SEC. 7. That two terms of said court shall be held each year at Muscogee, in said Territory, on the first Monday in April and September, s. 30, post, p. 47. and such special sessions as may be necessary for the dispatch of the business in said court at such times as the judge may deem expedient; and he may adjourn such special sessions to any other time previous to a regular term; and the marshal shall procure suitable rooms for the use and occupation of the court hereby created. English language. SEC. 8. That all proceedings in said court shall be had in the English Proceedings to be in language; and bona-fide male residents of the Indian Territory, over tain civil jurisdiction. The following offenses are defined and punished: Section 20, obstruction of railroad; section 21, injury to telegraph or telephone lines; section 22, disturbing religious worship; section 23, assault with intent to rob; section 24, injuries to animal property; section 25, certain assaults; section 26, setting fire to woods, marshes, or prairies, with intent to destroy improvements. By section 27 the jurisdiction of the new court is excluded from offenses by one Indian upon the person oi property of another, and sections 23, 24, and 25 are not to apply to such offenses. Section 17 attaches a part of the Indian Territory to the eastern district of Texas, apparently repealing the jurisdiction of the northern district of Texas, granted by 1883, January 6, chapter 13, section 3 (22 Stat., 400). (See 138 U. S., 157, and 40 Fed. Rep., 472.) By 1890, May 2, chapter 182, sections 1-28, (post, pp. 45-47), the Territory of Oklahoma is created out of a part of the Indian Territory, with an independent territorial judicial system (sec. 9), and the Cherokee outlet is attached thereto fo judicial purposes. By section 29 jurisdiction of the United States court for the Indian Territory is confined to the remainder of the Territory; by sections 29, 31 its civil powers are extended; by section 34 authority is given to enforce Title XXVIII, chapters 3 and 4, R. S., sections 2111-2157, except in cases of arson and assault; by section 35 jurisdiction is conferred in certain cases under R. S., sections 5392-5412 and by section 36 in civil and criminal cases arising between Indians of different tribes. Various miscellaneous provisions in relation to the court are also contained in the act. Jury commissioners. 1890, May 2, c. 182, s. 30, post, p. 48. -oath of. -selection of jurors by. Petit jurors. Alternate jurors. Oath of clerk. Copy of list of petit jurors to be made by clerk. twenty-one years of age, and understanding the English language sufficiently to comprehend the proceedings of the court, shall be competent to serve as jurors in said court but shall be subject to exemptions and challenges as provided by law in regard to jurors in the district. court for the western district of Arkansas. SEC. 9. That the jurors shall be selected as follows: The court at its regular term shall select three jury commissioners, possessing the qualifications prescribed for jurymen, and who have no suits in court requiring the intervention of a jury; and the same persons shall not act as jury commissioners more than once in the same year. The judge shall administer to each commissioner the following oath: "You do swear to discharge faithfully the duties required of you as jury commissioner; that you will not knowingly select any one as juryman whom you believe unfit and not qualified; that you will not make known to any one the name of any juryman selected by you and reported on your list to the court until after the commencement of the next term of this court; that you will not, directly or indirectly, converse with any one selected by you as a juryman concerning the merits of any cause or procedure to be tried at the next term of this court; so help you God." SEC. 10. That the jury commissioners, after they have been appointed and sworn, shall retire to a jury room, or some other apartment designated by the judge, and be kept free from the intrusion of any person, and shall not separate without leave of the court until they have completed the duties required of them; that they shall select from the bona fide male residents of the Territory such number of qualified persons as the court shall designate, not less than sixty, free from all legal exception, of fair character and approved integrity, of sound judgment and reasonable information, to serve as petit jurors at the next term of court; shall write the names of such persons on separate pieces of paper, of as near the same size and appearance as may be, and fold the same so that the names thereon may not be seen. The names so written and folded shall be then deposited in a box, and after they shall be shaken and well mixed, the commissioners shall draw from said box the names of thirty seven persons, one by one, and record the same as drawn, which record shall be certified and signed by the commissioners, and indorsed "List of petit jurors." SEC. 11. That the said commissioners shall then proceed to draw in like manner twelve other names, which shall be recorded in like manner on another paper, which shall be certified and signed by the commissioners, and indorsed "List of alternate petit jurors." The two lists shall be inclosed and sealed so that the contents can not be seen, and indorsed "List of petit jurors," designating for what term of the court they are to serve, which indorsement shall be signed by the commissioners, and the same shall be delivered to the judge in open court; and the judge shall deliver the lists to the clerk in open court, and administer to the clerk and his deputies the following oath: "You do swear that you will not open the jury-lists now delivered to you; that you will not, directly or indirectly, converse with any one selected as a petit juror concerning any suit pending and for trial in this court at the next term, unless by leave of the court; so help you God." SEC. 12. That within thirty days before the next term, and not before, the clerk shall open the envelopes and make a fair copy of the lists of petit jurors and alternate petit jurors, and give the same to the marshal, who shall, at least fifteen days prior to the first day of the next term, summon the persons named as petit jurors and alternate petit jurors to attend on the first day of said term as petit jurors, by giving personal notice to each, or by leaving a written notice at the juror's place of residence with some person over ten years of age and there residing. That the marshal shall return said lists with a statement in writing of the date and manner in which each juror was summoned; and if any juror or alternate legally summoned shall fail to attend he may be attached and fined or committed as for contempt. Return of jury lists by marshal. juries. That if there shall not be a sufficient number of competent petit ju- Filling vacancies on rors and alternates present, and not excused, to form a petit jury, the court may compel the attendance of such absentees or order other competent persons to be summoned to complete the juries. SEC. 13. That if for any cause the jury commissioners shall not appoint or shall fail to select a petit jury as provided, or the panels selected be set aside, or the jury list returned in court shall be lost or destroyed, the court shall order the marshal to summon a petit jury of the number hereinbefore designated, who shall be sworn to perform the duties of petit jurors as if they had been regularly selected; and this provision shall also apply in the formation of petit juries for the first term of the court. The want of qualification of any person selected as juror under section ten of this act shall not necessarily operate as cause of challenge to the whole panel. SEC. 14. That the fees of the jurors and witnesses before said court herein created shall be the same as provided in the district court of the United States for the western district of Arkansas. SEC. 15. That in all criminal trials had in said court, in which a jury shall be demanded, and in which the defendant or defendants shall be citizens of the United States, none but citizens of the United States shall be competent jurors. SEC. 16. That the judge of the court herein established shall have the same authority to issue writs of habeas corpus, injunctions, mandamus, and other remedial process, as exists in the circuit court of the United States. [Sections 17 to 19 are repealed by Section 9, act of March 1, 1895, Chapter 145, post, page 74.] Selection by mar shal. Fees of jurors and witnesses. Criminal trials. Citwhen citizen is defendant. izens only to be jurors Amendment, post, p. 653. Writs and processes. 40 Fed. R., 372. In Indian Territory: punishment for ob structing, etc., rail roads. 1896, May 25, c. 242, SEC. 20. That every person who shall, in the Indian Territory, willfully and maliciously place any obstruction, by stones, logs, or any other thing, on the track of any railroad, or shall tear up or remove, burn, or destroy any part of any such railroad, or the works thereof, post, p. 78. with intent to obstruct the passage of any engine, car, or cars thereon, or to throw them off the track, shall be deemed guilty of malicious mischief, and, on conviction thereof, shall be sentenced to imprisonment at hard labor for any time not more than twenty years: Provided, That if any passenger, employee, or other person shall be killed, either directly or indirectly, because of said obstruction, tearing up, removing, burning, or destroying, the person causing the same shall be deemed guilty of murder, and, upon conviction thereof, shall be punished accordingly. SEC. 21. That any person aforesaid who shall, in the Indian Territory, willfully and intentionally destroy, injure or obstruct any telegraph or telephone line, or any of the property or materials thereof, shall be deemed guilty of malicious mischief, and, on conviction thereof, shall be fined in any sum not more than five hundred dollars and imprisoned for any time not more than one year. SEC. 22. That every person aforesaid who shall, in the Indian Territory, maliciously or contemptuously disturb or disquiet any congregation or private family assembled in any church or other place for religious worship, or persons assembled for the transaction of church business, by profanely swearing or using indecent gestures, threatening language, or committing any violence of any kind to or upon any person so assembled, or by using any language or acting in any manner that is calculated to disgust, insult, or interrupt said congregation, shall, upon conviction thereof, be sentenced to imprisonment for any time not exceeding sixty days, or to a fine not exceeding one hundred dollars, or both such fine and imprisonment. -in case a person is killed. -for injury to telegraph, etc., lines. -for disturbing religious worship. -for assault with intent to rob. Sec. 27, post. -for injuries to ani- -for assault. Rep., 81; 42 Fed. Rep., 320. SEC. 23. That every person aforesaid who shall, in the Indian country, feloniously, willfully, and with malice aforethought assault any person with intent to rob, and his counselors, aiders, and abettors, shall, on conviction thereof, be imprisoned at hard labor for a time not less than one nor more than fifteen years. SEC. 24. That every person who shall, in the Indian Territory, knowingly mark, brand, or alter the mark or brand of any animal the subject of larceny, the property of another, or who shall knowingly administer any poison to or maliciously expose any poisonous substance with the intent that the same shall be taken by any of the aforesaid animals, or shall willfully and maliciously, by any means whatsoever, kill, maim, or wound any of the aforesaid animals, shall be deemed guilty of malicious mischief, and, on conviction thereof, shall be sentenced to imprisonment for a period of not more than six months, or a fine of not more than two hundred dollars, or both such fine and imprisonment; and in case the animal shall have been killed or injured by said malicious mischief, the jury trying the case shall assess the amount of damages which the owner of the animal shall have sustained by reason thereof, and, in addition to the sentence aforesaid, the court shall render judgment in favor of the party injured for threefold the amount of the damages so assessed by the jury, for which said amount execution may issue against the defendant and his property. SEC. 25. That if any person, in the Indian country, assault another Sec. 27. post: 40 Fed. with a deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another a bodily injury where no consider able provocation appears, or where the circumstances of the assault show an abandoned and malignant disposition, he shall be adjudged guilty of a misdemeanor, and, on conviction shall be fined in any sum not less than fifty nor exceeding one thousand dollars and imprisoned not exceeding one year. -for setting fire to woods, etc. Certain sections not to apply to offenses between Indians. ante. 26 SEC. 26. That if any person shall maliciously and willfully set on fire any woods, marshes, or prairies, in the Indian Territory, with the intent to destroy the fences, improvements, or property of another, such person shall be fined in any sum not exceeding five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court. SEC. 27. That sections five, twenty-three, twenty-four, and twentyfive of this act shall not be so construed as to apply to offenses comSec. 5, 23, 24, 25, mitted by one Indian upon the person or property of another Indian. SEC. 28. That all laws and parts of laws inconsistent with the provisions of this act be, and the same are hereby, repealed. [March 1, 1889.] Repeal. Mar. 2, 1889. 25 Stat., 980. [25 Stat.. 1003.] Superintendent of 1891, Mar. CHAP. 412.-An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirtieth, eighteen hundred and ninety, and for other purposes. * * * Be it enacted, &c., SEC. 10. That there shall be appointed Indian schools to be by the President, by and with the advice and consent of the Senate, appointed: his duties. a person of knowledge and experience in the management, training, Stat., 989. 3, c. 545, and practical education of children, to be Superintendent of Indian Schools, whose duty it shall be to visit and inspect the schools in which Indians are taught in whole or in part from appropriations from the United States Treasury, and report to the Commissioner of Indian Affairs what, in his judgment, are the defects, if any, in any of them, in system, in administration, or in means for the most effective advancement of the pupils therein toward civilization and self-support, and what changes are needed to remedy such defects as may exist, and to perform such other duties in connection with Indian schools as may be prescribed by the Secretary of the Interior. * * * [25 Stat., 1004.] in Territories; how Mar. 3. c. 341, 9, ante, p. 32. SEC. 11. That hereafter the costs of the trial of the cases in the courts of the several Territories tried pursuant to and for the offenses of Indians for erimes named in section nine of the act entitled "An act making appropria- paid. tions for the current and contingent expenses of the Indian Depart-1 ment, and fulfilling treaty stipulations with various Indian tribes for the year ending June thirtieth, eighteen hundred and eighty-six and for other purposes," shall be audited by the accounting officers of the Treasury and paid out of money for similar expenses in the trial of criminal cases in the courts of the United States. [March 2, 1889.] * * * ACTS OF FIFTY-FIRST CONGRESS-FIRST SESSION, 1890. CHAP. 182.-An act to provide a temporary government for the Territory of Oklahoma, to enlarge the jurisdiction of the United States Court in the Indian Territory, and for other purposes. Be it enacted, &c., That all that portion of the United States now known as the Indian Territory," except so much of the same as is actually occupied by the five civilized tribes, and the Indian tribes within the Quapaw Indian Agency, and except the unoccupied part of the Cherokee outlet, together with that portion of the United States known as the Public Land Strip, is hereby erected into a temporary government by the name of the Territory of Oklahoma. May 2, 1890. 26 Stat., 81. Territory of Oklahoma. Boundaries. 19 Opins., 569. The portion of the Indian Territory included in said Territory of Oklahoma is bounded by a line drawn as follows: Commencing at a point where the ninety-eighth meridian crosses the Red River, thence ante, p 39. by said meridian to the point where it crosses the Canadian River, thence along said river to the west line of the Seminole country, thence along said line to the north fork of the Canadian River, thence down said river to the west line of the Creek country, thence along said line to the northwest corner of the Creek country, thence along the north line of the Creek country, to the ninety-sixth meridian, thence northward by said meridian to the southern boundary line of Kansas, thence west along said line to the Arkansas River, thence down said river to the north line of the land occupied by the Ponca tribe of Indians from which point the line runs so as to include all the lands occupied by the Ponca, Tonkawa, Otoe and Missouria, and the Pawnee tribes of Indians until it strikes the south line of the Cherokee outlet which it follows westward to the east line of the State of Texas, thence by the boundary line of the State of Texas to the point of beginning; Public Land Strip The Public Land Strip which is included in said Territory of Okla- included. homa is bounded east by the one-hundredth meridian, south by Texas, west by New Mexico, north by Colorado and Kansas. 1891, Mar. 3, c. 542, sec. 17, 26 Stat., 989. -Cherokee Outlet, Whenever the interest of the Cherokee Indians in the land known when as the Cherokee outlet shall have been extinguished and the President shall make proclamation thereof, said outlet shall thereupon and without further legislation, become a part of the Territory of Oklahoma. Any other lands within the Indian Territory not embraced within other lands, when. these boundaries shall hereafter become a part of the Territory of Oklahoma whenever the Indian nation or tribe owning such lands shall signify to the President of the United States in legal manner its assent that such lands shall so become a part of said Territory of Oklahoma, and the President shall thereupon make proclamation to that effect. Congress may at any time hereafter change the boundaries of said Territory, or attach any portion of the same to any other State or Territory of the United States without the consent of the inhabitants a The boundary of the Indian Territory is described in the act of March 1, 1889, ch. 333, sec. 1, ante p. 39. See also sec. 29 of this act, post p. 47. Boundaries may be changed. |